Legal Opinion

Kesler v. Stults

Court of Appeals of Georgia

Decided February 6, 1915No. 5524, 5525PublishedCited by 7 opinions

Complaint; from city court of Albany—Judge Clayton Jones. January 5, 1914.

1Opinion of the CourtWade, J.

1. “The broker’s commissions are earned when, during the agency, he finds a purchaser ready, able, and willing to buy, and who actually offers to buy on the terms stipulated by the owner.” Civil Code, § 3587. “Usually the word ‘sale’ denotes a completed, mutually binding contract; but under contracts creating the ordinary relationship of principal and real-estate broker, and providing commissions for the latter, the broker has made a sale whenever, through his influence, a person ready, able, and willing to buy on the terms proposed is brought to the principal, though, through the fault or…

2Cases cited2 opinions

  1. Humphries & Jackson v. SmithCourt of Appeals of Georgia · 1908
  2. McAuliffe v. VaughanSupreme Court of Georgia · 1911

3Cited by7 opinions

  1. Ray v. HutchinsonCourt of Appeals of Georgia · 1921
  2. Rowland v. KraftCourt of Appeals of Georgia · 1924
  3. Wilmot & Cosby v. SilvermanCourt of Appeals of Georgia · 1921
  4. Montgomery v. LesterCourt of Appeals of Georgia · 1920
  5. Allison & Co. v. McMath Plantation Co.Court of Appeals of Georgia · 1923

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